国际咨询工程师联合会合同

FIDIC合同(二）

Engineer and Engineer's Representative工程师和工程师代表

2.1 Engineer's Duties and Authority工程师职责和义务

a.The Engineer shall carry out the duties specified in the Contract.工程师应履行合同中明

确规定的职责。

b.The Engineer may exercise the authority specified in or necessarily to be implied from

the Contract, provided, however, that if the Engineer is required, under the terms of his

appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in Part II of these Conditions.

Provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.工程师可能使合同中规定的或者合同中必然隐含的权利，但是，如果根据雇主任命工程师的条件，要求工程师在行使上述权力之前，应得到雇主的具体批准，则此类要求的细节在本合同予以表明。否则，即应视为工程师在行使此类权力时均已事先经雇主批准。

c.Except as expressly stated in the Contract, the Engineer shall have no authority to relieve

the Contractor of any of his obligations under the Contract. 。除在合同中明确规定外，工程师无权解释合同规定的承包商的任何义务。

2.2 Engineer's Representative工程师代表

The Engineer's Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and exercise such authority as may be delegate to him by the Engineer under

Sub-Clause 2.3. 工程师代表应由工程师任命并对工程师负责，应该履行和行使由工程师根据第2.3款可能授予他的职责和权力。

2.3 Engineer's Authority to Delegate工程师对代表的权利

The Engineer may from time to time delegate to the Engineer's Representative any of the duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.工程师可以将赋予他自己的职责和权力委托给工程师代表并可随时撤回此类委托。任何此类委托或撤回均应采取书面形式，并且在其副本送达雇主或承包商之后，始得发生效力。

Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the same effect as though it has been given by the Engineer. provided that :由工

程师代表按工程师的委托向承包商发出的任何信函均与工程师发出的信函具有同等效力。但：

d.Any failure of the Engineer’s Representative to disapprove any work, materials or Plant

shall not prejudice the authority of the Engineer to disapprove such works, materials or Plant and to give instructions for the rectification thereof;（a）因为工程师代表的失误，未曾对任何工作、材料或工程设备发出否定意见，不应影响工程师对该工作、材料或工程设备提出否定意见，并发出进行改正的指示的权力；

e.If the Contractor questions any communication of the Engineer's Representative he may

refer the matter to the Engineer who shall confirm, reverses or vary the contents of such

communication.（b）若承包商对工程师代表的任何函件有任何质疑，他可将该问题提交给工程师，工程师应对此信函的内容进行确认，否定或更改。

2.4 Appointment of Assistants任命助手

The Engineer or the Engineer's representative may appoint any number of person to assist the Engineer's Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such person. Such assistants shall have no authority to issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract, and any instructions given by any of them for those purposes shall be deemed to have been given by the Engineer's representative.工程师或工程师代表可任命任意数量的人员协助工程师代表履行合同规定的职责，工程师或工程师代表应将此类人员姓名、职责和权力范围通知承包商。上述助理无权对承包商发任何指示，除非此类指示又对他们行使助理的职责和确保他们根据合同规定对材料、工程设备或工艺质量进行验收是必不可少的, 任何助理为此目的发出的任何指示均应视为工程师代表发出的指示

2.5 Instructions in Writing书面指示

Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer and such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed to be an instruction of the Engineer.工程师应以书面形式发出指示，若工程师认为由于某种原因有必要以口头形式发出任何此类指示，承包商应遵守该指示。工程师可在该指示执行之前或之后，用书面形式对其口头指示加以确认，在这种情况下应认为此类指示是符合本款规定的。若承包商在七天内对工程师的书面或口头指示加以确认，且该确认与工程师7日内的书面指示不矛盾，则此项指示应视为是工程师的指示。

The provisions of this Sub-Clause shall equally apply to instructions given by the Engineer's Representative and any assistants of the Engineer or the Engineer's Representative appointed pursuant to Sub-Clause 2.4.本条规定应同样适用于工程师代表和任何根据合同第2.4款任命的工程师的或工程师代表的助理发出的指示。

2.6 Engineer to Act impartially工程师的公正

Wherever, under the Contract, the Engineer is required to exercise his discretion by :凡按照合同规定要求工程师自行：